How did she regain custody of him? That's a question many of you have been asking WTOC and it's a question that haunts Aiden's grandmother, Kim Kellam, as well.

Kellam hadn't seen him since last Halloween. Now she says she visits Aiden in the hospital every day before she goes to work. Paramedics rushed Aiden to Memorial a week ago. Kellam says Aiden's brain is swollen and he's on a ventilator.

"He's just so sweet and peaceful, he'll pull through. It's just going to take a long, long time," Kellam said.

Effingham County said Aiden's mother and father abused him, saying she duct taped his mouth shut and tied him up. Deputies found bruises on Aiden's arm and around his head.

Just hearing what her young grandson endured makes Kellam sick. "I love my daughter but I hate my daughter," she said. "There's no excuse for what she did and if I have anything to do with it she will never see that child again."

Kellam said she first discovered the abuse in July and she reported her daughter to the authorities. Deputies arrested Richards back then. She pled guilty in November and was sentenced to five years probation. Then in December, Kellam says the Department of Family and Children Services returned Aiden to his mother. He was staying with his grandfather.

Kellam said, "I said this is a mistake, she's going to do it again, this is a big mistake and here we are five weeks later maybe and now he's fighting for his life."

The Department of Family and Children Services will not comment about this case. Kellam said they also won't return her calls. "Somebody messed up and I believe it was DFACS and I don't want this to ever happen to another child because they don't deserve it."

Kellam feels like no one was fighting for what's best for Aiden. Now it's a fight she has taken on and is determined to win.

Richards will have a hearing to revoke her probation. A judge could order her to spend the remainder of her five years on probation in jail.

As for these new charges for Richards and her boyfriend, Phillip Waller, a grand jury will hear the case as early as this March.

The Georgia Department of Human Resources oversees the Department of Family and Children Services. A spokeswoman from Human Resources says DFACS is now a part of three investigations, one with law enforcement, one with the Department of the Inspector General and their own internal investigation.